Spatial inclusivity after 31 years of democracy: Minister for Transport and Public Works: Western Cape & Others v Adonisi and Others (522/2021 & 523/2021) [2024] ZASCA 47

Achieving spatial inclusivity remains a challenge in South Africa. In 2025, the country marks 31 years of democracy, so it is opportune to reflect on well the courts have fared in securing working-class' freedoms in the struggle against spatial apartheid. Section 26 of the Constitution refers to the right to housing as subject to progressive realisation, a right which overlaps with ILO Recommendation 115 in regard to locating workers' housing conveniently close to places of employment. However, the case of Minister for Transport and Public Works: Western Cape & others v Adonisi and Others (522/2021 & 523/2021) [2024] ZASCA 47 (12 April 2024) suggests that, for many workers in cities, the dream of equality remains unfulfilled. Here, the applicants sought to appeal an unfavourable decision from the court a quo, arguing, amongst other things, that provincial and local authorities were not compelled to provide social housing in specific areas. This case note examines the fairness of the decision, drawing inspiration from the capability approach. More widely, it assesses the extent to which freedoms have been realised after 31 democracy by looking at the social housing practices of provincial and local governments.